REPORT OF THE SCHEDULED CASTES AND THE SCHEDULED TRIBES (PREVENTION OF ATROCITIES) ACT, 1989, FOR THE YEAR 2013 - GOVERNMENT OF INDIA - U/s 21 (4) ...
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REPORT
U/s 21 (4)
OF
THE SCHEDULED CASTES AND THE
SCHEDULED TRIBES (PREVENTION
OF ATROCITIES) ACT, 1989,
FOR THE YEAR 2013
GOVERNMENT OF INDIA
MINISTRY OF SOCIAL JUSTICE AND EMPOWERMENT
DEPARTMENT OF SOCIAL JUSTICE AND EMPOWERMENTCONTENTS
CHAPTER TITLE PAGE NO.
NO.
1 INTRODUCTION 1-4
2 STRUCTURES AND MECHANISMS ESTABLISHED FOR 5-10
IMPLEMENTATION OF THE SCHEDULED CASTES AND THE
SCHEDULED TRIBES (PREVENTION OF ATROCITIES) ACT,
1989.
3 ACTION BY THE POLICE AND THE COURTS IN CASES 11-15
REGISTERED UNDER THE SCHEDULED CASTES AND THE
SCHEDULED TRIBES (PREVENTION OF ATROCITIES) ACT,
1989, DURING 2013
4. MEASURES TAKEN BY THE GOVERNMENT OF INDIA 16-20
5. MEASURES TAKEN BY THE STATE GOVERNMENTS AND 21-80
UNION TERRITORY ADMINISTRATIONS
STATE GOVERNMENTS
5.1 ANDHRA PRADESH 21-23
5.2 ARUNACHAL PRADESH 24
5.3 ASSAM 25
5.4 BIHAR 26-28
5.5 CHHATTISGARH 29-31
5.6 GOA 32-33
5.7 GUJARAT 34-37
5.8 HARYANA 38-40
5.9. HIMACHAL PRADESH 41-42
5.10.JHARKHAND 43-44
5.11 KARNATAKA 45-47
5.12 KERALA 48-49
5.13 MADHYA PRADESH 50-52
5.14 MAHARASHTRA 53-55
5.15 ODISHA 56-58
5.16 RAJASTHAN 59-60
5.17 SIKKIM 61
5.18 TAMIL NADU 62-64
5.19 TRIPURA 65
5.20 UTTARAKHAND 66-67
5.21 UTTAR PRADESH 68-70
5.22 WEST BENGAL 71-72
UNION TERRITORY ADMINISTRATIONS
5.23 ANDAMAN & NICOBAR ISLANDS 73
5.24 CHANDIGARH 74
5.25 DADRA & NAGAR HAVELI 75
5.26 DAMAN & DIU 76
5.27 NATIONAL CAPITAL TERRITORY OF DELHI 77-78
5.28 PUDUCHERRY 795.29 OTHER STATE GOVERNMENTS/UNION TERRITORY 80
ADMINISTRATIONS
ANNEXURES
I EXTRACT OF SECTION 3 OF THE SCHEDULED CASTES AND 81-83
THE SCHEDULED TRIBES (PREVENTION OF ATROCITIES) ACT,
1989.
II - A & B STATE-WISE NUMBER OF CASES REGISTERED WITH POLICE 84-85
AND THEIR DISPOSAL DURING THE YEAR, 2013.
III -A & B STATE-WISE NUMBER OF CASES WITH COURTS AND THEIR 86-87
DISPOSAL DURING THE YEAR, 2013.
IV DETAILS OF CENTRAL ASSISTANCE RELEASED TO 88
STATES/UNION TERRITORY ADMINISTRATIONS DURING
2013-2014.
V OFFICE MEMORANDUM, DATED 29.03.2006 OF THE MINISTRY 89-90
OF SOCIAL JUSTICE & EMPOWERMENT REGARDING
CONSTITUTION OF A COMMITTEE TO REVIEW
IMPLEMENTATION OF PCR AND PoA ACTS.
VI OFFICE MEMORANDUM, DATED 11.04.2011 OF THE MINISTRY 91-92
OF SOCIAL JUSTICE & EMPOWERMENT REGARDING
COMMITTEE CONSTITUTED FOR EFFECTIVE COORDINATION
TO DEVISE WAYS AND MEANS TO CURB OFFENCES OF
UNTOUCHABILITY AND ATROCITES AGAINST SCHEDULED
CASTES/SCHEDULED TRIBES AND EFFECTIVE
IMPLEMENTATION OF THE PCR AND PoA ACTSCHAPTER
1
INTRODUCTION
1.1 THE SCHEDULED CASTES AND THE SCHEDULED TRIBES
(PREVENTION OF ATROCITIES) {PoA} ACT, 1989 AND THE
SCHEDULED CASTES AND THE SCHEDULED TRIBES
(PREVENTION OF ATROCITIES) {PoA} RULES, 1995.
The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act,
1989 (No.33 of 1989) (hereinafter referred as ' PoA ' Act) came into force with effect
from 30.01.1990. This legislation aims at preventing commission of offences by
persons other than Scheduled Castes and Scheduled Tribes against members of
Scheduled Castes and Scheduled Tribes. The PoA Act extends to whole of India except
the State of Jammu and Kashmir. The PoA Act is implemented by the respective State
Governments and Union Territory Administrations, which are provided due Central
assistance under the Centrally Sponsored Scheme for effective implementation of the
provisions of the Act.
Main provisions of the PoA Act are as under: -
(i) Defines offences of atrocities and prescribes punishment therefor, (Section
3).
(ii) Punishment for wilful neglect of duties by non-SC/ST public servants
(Section 4).
(iii) Designating for each District a Court of Session as a Special Court for
speedy trial of offences under the Act (Section 14).
(iv) Powers of Special Court to inter –alia, extern persons likely to commit an
offence in a Scheduled or Tribal area (Section 10).
(v) Appointment of Public Prosecutors/Special Public Prosecutors for
conducting cases in special courts (Section 15).
(vi) Preventive action to be taken by the law and order machinery (Section 17).
(vii) Measures to be taken by State Governments for effective implementation
of the Act, including: -
a. Adequate facilities including legal aid, to the persons subjected to
atrocities to enable them to avail themselves of justice;
b. Economic and social rehabilitation of victims of the atrocities;
c. Appointment of officers for initiating or exercising supervision over
prosecution for contravention of the provisions of the Act; andd. Setting up of Committees at appropriate levels to assist the Government
in implementation of the Act;
e. Delineation of “Identified Areas”(commonly known as “Atrocity Prone
Areas”) where members of SC/ST are vulnerable to being subjected to
atrocities and adoption of necessary measures to ensure their safety.
{Section 21 (2)}.
Comprehensive Rules under PoA Act, titled “Scheduled Castes and the
Scheduled Tribes (Prevention of Atrocities) Rules, 1995” (hereinafter referred as '
PoA' Rules) were notified on 31.3.1995, by the Central Government in exercise of
powers conferred by sub-section (1) of Section 23 of the PoA Act, which, inter-alia,
provide norms for relief and rehabilitation. The Schedule to Rules at Annexure-I,
thereof, provides the ‘Norms for Relief Amount’ to the victims of atrocity. Certain
amendments in the PoA Rules, the most significant of which was amendment in
Schedule to Rules at Annexure-I, related to the minimum scale of relief for atrocity
victims had been made. Accordingly the previous rates (between Rs. 20,000/- to Rs.
2,00,000/-) of relief to the victims of atrocity, their family members and dependents
had been generally increased by 150%( between Rs. 50,000/- to Rs. 5,00,000/-). The
Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) (Amendment)
Rules, 2011, were notified in the Gazette of India, Extraordinary, on 23.12.2011.
Rule 16 and 17 of the aforesaid Rules were further amended and notified in
the Gazette of India on 08.11.2013, inter-alia to provide for constitution of a Sub-
Division level Vigilance & Monitoring Committees in addition to the existing
provisions of constitution of State and District level Monitoring Committee.
Salient provisions of the PoA Rules notified under the PoA Act are as under: -
(i) Precautionary and Preventive Measures to be taken by the State
Governments regarding offences of atrocities (Rule 3).
(ii) Investigation of offences under the Act to be done by not below the rank of
a DSP level Officer {Rule 7 (1)}.
(iii) Investigation to be completed within 30 days and report forwarded to
Director General of Police of the State {Rule 7 (2)}.
(iv) Setting up of the Scheduled Castes and the Scheduled Tribes Protection Cell
at State headquarters under the charge of Director General of Police/IG
Police (Rule 8).
(v) Nomination of (a) a Nodal Officer at the State level (not below the rank of a
Secretary to the State Government), and (b) a Special Officer at the district
level (not below the rank of an Additional District Magistrate) for districts
with identified atrocity prone areas to co-ordinate the functioning of DMs,
SPs and other concerned officers, at the State and District levels,
respectively. (Rule 9 and 10).(vi) Provision of immediate relief in cash or kind to victims of atrocities as per
prescribed norms. (Rule 12 (4) and Schedule).
(vii) State Level Vigilance and Monitoring Committee under the Chief Minister
to meet at least twice a year (Rule 16).
(viii) District Level Vigilance and Monitoring Committees under the District
Magistrate to meet at least once every quarter (Rule 17).
1.2 RESPONSIBILITY FOR IMPLEMENTATION OF THE PoA ACT
Responsibility for implementation of the PoA Act primarily lies with the State
Governments/Union Territory Administrations and their sub-ordinate authorities
(police and executive magistrates). At the Central level, as per the Government of
India (Allocation of Business) Rules, 1961, the responsibility in regard to
implementation of the PoA Act is allocated as under: -
Ministry of Home Affairs
Criminal offences against members of the Scheduled Castes and Scheduled
Tribes, including those under the PoA Act.
Ministry of Social Justice & Empowerment
Implementation of the PoA Act, (in so far as it relates to Scheduled Castes),
excluding the administration of criminal justice in regard to offences under the Act.
Ministry of Tribal Affairs
Implementation of the PoA Act, (in so far as it relates to Scheduled Tribes),
excluding the administration of criminal justice in regard to offences under the Act.
1.3. REPORT ON THE IMPLEMENTATION OF THE PoA ACT, 1989.
Section 21 of the PoA Act casts certain duties on the Central and
the State Governments to ensure effective implementation of the Act, and
reads as follows:-
“ 21. Duty of Government to ensure effective implementation of the Act:-
(1) Subject to such rules as the Central Government may make in this behalf, the
State Government shall take such measures as may be necessary for the effective
implementation of this Act.
(2) In particular, and without prejudice to the generality of the foregoing provisions,
such measures may include,-(i) the provision for adequate facilities, including legal aid to the persons subjected
to atrocities to enable them to avail themselves of justice:
(ii) the provision for travelling and maintenance expenses to witnesses, including
the victims of atrocities, during investigation and trial of offences under this Act;
(iii) the provision for the economic and social rehabilitation of the victims of the
atrocities;
(iv) the appointment of officers for initiating or exercising supervision over
prosecutions for the contravention of the provisions of this Act;
(v) the setting up of committees at such appropriate levels as the State Government
may think fit to assist that Government in formulation or implementation of such
measures;
(vi) provision for a periodic survey of the working of the provisions of this Act with
a view to suggesting measures for the better implementation of the provision of this
Act;
(vii) the identification of the areas where the members of the Scheduled Castes and
the Scheduled Tribes are likely to be subjected to atrocities and adoption of such
measures so as to ensure safety for such members.
(3) The Central Government shall take such steps as may be necessary to co-
ordinate the measures taken by the State Governments under sub-section (1).
(4) The Central Government shall, every year, place on the table of each House of
Parliament a report on the measures taken by itself and by the State Governments in
pursuance of the provisions of this section".
This Report for the calendar year 2013 is being placed on the Table of both the
Houses of Parliament, in pursuance of sub-section (4) of the above Section 21.
***CHAPTER
2
STRUCTURES AND MECHANISMS FOR
IMPLEMENTATION & MONITORING OF THE PoA ACT,
1989.
I. Special Courts
In accordance with Section 14 of the PoA Act, the State Government, for the
purpose of providing for speedy trial, with the concurrence of the Chief Justice of the
High Court, by notification in the official Gazette, specifies for each district, a Court of
Session to be Special Court to try the offences under the PoA Act.
State Governments and Union Territory Administrations of Andhra Pradesh,
Assam, Bihar, Chhattisgarh, Goa, Gujarat, Haryana, Himachal Pradesh, Jharkhand,
Karnataka, Kerala, Madhya Pradesh, Maharashtra, Manipur, Meghalaya, Odisha,
Punjab, Rajasthan, Sikkim, Tamil Nadu, Tripura, Uttarakhand, Uttar Pradesh, West
Bengal, Andaman & Nicobar Islands, Chandigarh, Daman & Diu, NCT of Delhi and
Puducherry have designated District Session Courts as Special Courts.
For ensuring speedy trial of cases under the PoA Act, 190 Exclusive Special
Courts, have also been set up by eleven of the above States. The details are as under:-
S.No. State Total Number Number of Districts with
of Districts in Exclusive Special Courts
the State
1. Andhra Pradesh 23 23
2. Bihar 38 11
3 Chhattisgarh 27 06
4. Gujarat 33 26
5. Karnataka 30 08
6 Kerala 14 02
7. Madhya Pradesh 52 43
8. Rajasthan 33 25
9. Tamil Nadu 32 04
10. Uttar Pradesh 75 40
11. Uttrakhand 13 02
Total 370 190II. Special Public Prosecutors
Section 15 of the PoA Act, provides for appointment of advocates as Public
Prosecutors and Special Public Prosecutors for the purpose of conducting cases in
special Courts. Accordingly the States/Union Territories, which have set up special
courts, have appointed Special Public Prosecutors.
III. Setting up of (a) SC/ST Protection Cells at State Headquarters,
and (b) Special Police Stations for SC/ST
Rule 8 of the PoA Rules, requires the State Government to set up a SC/ST
Protection Cell at the State headquarters under the charge of a DGP, ADGP/IGP and
assign to it the following responsibilities:-
(i) conducting survey of, maintaining public order and tranquility in, and
recommending deployment of special police force in identified areas;
(ii) investigating causes of offences under the Act, restoring feeling of security
among SC/ST;
(iii) liaising with nodal and special officers about law and order situation in
identified areas;
(iv) monitoring investigation of offences and enquiring into willful negligence of
public servants;
(v) reviewing the position of cases registered under the Act; and
(vi) submitting a monthly report to the State Government/Nodal Officer about
action taken/proposed to be taken in respect of the above.
SC/ST Protection Cells have been set up in Andhra Pradesh, Assam, Bihar,
Chhattisgarh, Gujarat, Haryana, Himachal Pradesh, Jharkhand, Karnataka, Kerala,
Madhya Pradesh, Manipur, Maharashtra, Nagaland, Odisha, Punjab, Rajasthan, Tamil
Nadu, Tripura, Uttarakhand, Uttar Pradesh, West Bengal, Andman & Nicobar Islands,
Chandigarh, Dadra & Nagar Haveli, Daman & Diu, NCT of Delhi and Puducherry.
Special Police Stations for registration of complaints of offences against members
of SCs and STs have also been set up by four States, viz. Bihar, Chhattisgarh,
Jharkhand and Madhya Pradesh. The details are as under:-S.No. State Total No. of Spl. Name of District where
Number of Police Special Police Station has
Districts Stations been set up
1. Bihar 38 38 Patna, Nalanda, Rohtas,
Bhabhua, Bhojpur, Buxar, Gaya,
Jehanabad, Arwal, Nawada,
Aurangabad, Saran, Siwan,
Gopalganj, Muzaffarpur,
Sitamarhi, Sheohar, West
Champaran, East Champaran,
Vaishali, Darbhanga,
Madhubani, Samastipur,
Saharsa, Supal, Madhepura,
Purnia, Araria, Kisanganj,
Katihar, Bhagalpur, Banka,
Munger, Lakhisarai,
Sheikhpura, Jamui, Khagaria
and Begusarai.
2. Chhattisgarh 27 13 Raipur, Durg, Rajnandgoan,
Jagadalpur, Dantewada,
Bilaspur, Raigarh, Surguja,
Surajpur, Kabirdham,
Mahasumud, Jajgir and Korba.
3. Jharkhand 24 11 Ranchi, Jamshedpur, Koderma,
Chaitra, Palamu, Latehar,
Garhwa, Dhanbad, Bokaro,
Jamtara and Sahebgang.
4. Madhya 52 50 Morena, Bhind, Rajgarh, Panna,
Pradesh Vidisha, Jabalpur, Jhabua,
Bhopal, Mandla, Neemuch,
Katni, Umaria, Gwalior, Ratlam,
Chhindwara, Khargone,
Balaghat, Dhar, Seoni, Dewas,
Datia, Ujjain, Dindori,
Barhanpur, Mandsaur, Damoh,
Tikamgarh, Narsinghpur, Sidhi,
Sagar, Shivpuri, Chhatarpur,
Sheopur, Indore, Harda, Ashok
Nagar, Rewa, Sehore,
Hoshangabad, Shahdol, Raisen,
Betul, Guna, Khandwa,
Shajapur, Badwani, Satna,
Singruali, Anuppur and
Alirajpur.
Total 141 112IV Nodal Officers
Rule 9 of the PoA Rules, provides for appointment of nodal officers for
coordinating functioning of the District Magistrates and Superintendents of Police or
other authorized officers.
Such officers have been appointed in the States/UTs of Andhra Pradesh, Assam,
Bihar, Chhattisgarh, Goa, Gujarat, Haryana, Himachal Pradesh, Jharkhand, Karnataka,
Kerala, Madhya Pradesh, Maharshtra, Manipur, Meghalaya, Nagaland, Odisha, Punjab,
Rajasthan, Tamil Nadu, Tripura, Uttar Pradesh, Uttrakhand, West Bengal, Chandigarh,
Dadra & Nagar Haveli, Daman & Diu, NCT of Delhi and Puducherry.
V. Delineation of “Identified Areas ” or “atrocity prone areas” and
undertaking of consequential steps.
(i) Identification of atrocity prone areas
Rule 3(1)(i) of the PoA Rules, provides for identification of atrocity prone areas.
Andhra Pradesh, Bihar, Gujarat, Karnataka, Kerala (specific areas in the districts not
mentioned), Madhya Pradesh, Maharshtra, Odisha, Rajasthan and Tamil Nadu have
identified the atrocity prone/sensitive areas.
(ii) Appointment of Special Officers
Rule 10 of the PoA Rules, provides for appointment of a Special Officer not
below the rank of a Additional District Magistrate in the identified atrocity prone
area, to co-ordinate with the District Magistrate, Superintendent of Police or other
officers responsible for implementing the provisions of the Act.
Special officers have been nominated by Governments of Andhra Pradesh,
Bihar, Chhattisgarh, Gujarat, Jharkhand, Karnataka, Kerala, Madhya Pradesh, Odisha,
Rajasthan and Tamil Nadu.
VI. State and District Level Vigilance and Monitoring Committees
Rule 16 and Rule 17 of the PoA Rules, provide for setting up of the State Level
Vigilance and Monitoring Committees under the Chairpersonship of the Chief
Minister and the District level Vigilance and Monitoring Committees under theChairpersonship of the District Magistrate respectively to review the implementation
of the provisions of the PoA Act.
Such Committees have been set up in the States/UTs of Andhra Pradesh,
Arunachal Pradesh, Assam, Bihar, Chhattisgarh, Goa, Gujarat, Haryana, Himachal
Pradesh, Jharkhand, Karnataka, Kerala, Madhya Pradesh, Maharashtra, Nagaland,
Odisha, Punjab, Rajasthan, Sikkim, Tamil Nadu, Uttar Pradesh, Uttarakhand, West
Bengal, Andaman & Nicobar Islands, Chandigarh, Dadra & Nagar Haveli, Daman & Diu,
NCT of Delhi and Puducherry.
VII. Constitutional Bodies to monitor Safeguards provided for SCs
and STs
A. National Commission for Scheduled Castes (NCSC)
The NCSC is a body established under Article 338 of the Constitution.
Following provisions of clause (5) of Article 338 lay down certain duties of the
Commission, which have a bearing on prevention of atrocities against SCs:-
(a) to investigate and monitor all matters relating to the safeguards provided
for the Scheduled Castes under this Constitution or under any other law
for the time being in force or under any order of the Government and to
evaluate the working of such safeguards;
(b) to inquire into specific complaints with respect to the deprivation of rights
and safeguards of the Scheduled Castes;
The NCSC has an Atrocities and Protection of Civil Rights Wing, which deals
with cases relating to Scheduled Castes under the Scheduled Castes and the
Scheduled Tribes (Prevention of Atrocities) Act, 1989 and the Protection of Civil
Rights Act, 1955, either on receipt of complaints from individuals or information from
other sources (including the media). Evaluation studies/surveys on these subjects are
also conducted by this Wing.
The Commission has Regional Offices/Sub-Offices situated at Agartala,
Ahmedabad, Bengaluru, Chandigarh, Chennai, Guwahati, Hyderabad, Kolkata,
Lucknow, Patna, Pune and Thiruvananthapuram, with specified jurisdiction to cover
States/Union Territories.B. National Commission for Scheduled Tribes (NCST)
The NCST is a body established under Article 338-A of the Constitution.
Following provisions of clause(5) of Article 338 -A lay down certain duties of the
Commission, which have a bearing on prevention of atrocities against STs:-
(a) to investigate and monitor all matters relating to the safeguards provided for the
Scheduled Tribes under this Constitution or under any other law for the time being in
force or under any order of the Government and to evaluate the working of such
safeguards;
(b) to inquire into specific complaints with respect to the deprivation of rights and
safeguards of the Scheduled Tribes;
On receiving information about an incident of atrocity against a person belonging
to ST, the Commission gets in touch with the law enforcing and administrative
machinery of the concerned State and the District to ascertain the details of incident
and the action taken by the District Administration.
The Commission has six Regional offices at Bhopal, Bhubaneshwar, Jaipur, Raipur,
Ranchi and Shillong with specified jurisdiction to cover States/Union Territories.
***CHAPTER
3
ACTION BY THE POLICE AND THE COURTS IN CASES
REGISTERED UNDER THE PoA ACT IN CONJUNCTION
WITH THE IPC, DURING 2013
3.1 Atrocities
Section 3 of the PoA Act, defines 22 types of offences of atrocities against
members of Scheduled Castes and Scheduled Tribes by a person not being a member
of a Scheduled Caste or a Scheduled Tribe. Extract of Section 3 of the Act is at
Annexure-I.
This chapter gives statistical data on offences registered under the Act in 2013.
Source of all data given herein is the National Crime Records Bureau (NCRB), Ministry
of Home Affairs.
3.2 All India figures of cases under PoA Act in conjunction with the
IPC registered by the Police and their disposal by Courts during
2011-2013.
The following table indicates the comparative data in regard to registration of
cases under the PoA Act in conjunction with the IPC, their pendency in Courts and
conviction rate for the three years 2011, 2012 and 2013.
S.No. Item 2011 2012 2013
1. Number of cases 39401 39512 46114
registered with Police
during the year
2. Percentage of cases 79.9 83.1 84.1
pending in Court
3. Percentage of cases 30.0 23.8 22.8
ending in conviction3.3 State wise registration of offences of atrocities in 2013
State-wise details of cases registered during 2013 under the PoA Act in
conjunction with the IPC, are given in Table 3.1 below. In the table, States and UTs,
have been arranged in descending order of the total number of atrocity cases
registered in 2013.
TABLE- 3.1
STATE-WISE CASES REGISTERED DURING 2013 UNDER THE PoA ACT, 1989 IN
CONJUNCTION WITH THE IPC.
S. State/Union Number of Cases Provisional SC Provisional Number of
No Territory registered during the year population as ST population Cases
2013 per 2011 as per 2011 registered
Census and its Census and its per lakh
% to total % to total population
population population as per 2011
(In lakhs) (In lakhs) Census
SC ST Total SC ST SC ST
1 2 3 4 5 6 7 8 9
States
1. Rajasthan 6475 1651 8126 122.2 (17.8) 92.3 (13.5) 53.0 17.9
2. Uttar Pradesh 7078 25 7103 413.5 (20.7) 11.3 (0.6) 17.1 2.2
3. Bihar 6721 91 6812 165.6 (15.9) 13.3 (1.3) 40.6 6.8
4. Madhya Pradesh 2945 1296 4241 113.4 (15.6) 153.2(21.1) 26.0 8.4
5. Andhra Pradesh 3264 672 3936 138.7 (16.4) 59.2 (7.0) 23.5 11.4
6. Odisha 2592 790 3382 71.8 (17.1) 95.9 (22.8) 36.1 8.2
7. Karnataka 2555 521 3076 104.7 (17.1) 42.4 (7.0) 24.4 12.3
8. Maharashtra 1657 407 2064 132.7 (11.8) 105.1 (9.4) 12.5 3.9
9. Tamil Nadu 1844 23 1867 144.3 (20.0) 7.9 (1.1) 12.8 2.9
10. Gujarat 1190 224 1414 40.7 (6.7) 89.1 (14.8) 29.2 2.5
11. Jharkhand 978 396 1378 39.8 (12.1) 86.4 (26.2) 24.6 4.6
12. Kerala 756 135 891 30.3 (9.1) 4.8 (1.5) 25.0 28.1
13. Chhattisgarh 242 331 573 32.7 (12.8) 78.2 (30.6) 7.4 4.2
14. Haryana 493 0 493 51.1(20.2) Nil 9.6 Nil
15. West Bengal 115 122 237 214.6(23.5) 52.9 (5.8) 0.5 2.3
16. Himachal Pradesh 144 2 146 17.2 (25.2) 3.9 (5.7) 8.4 0.5
17. Punjab 126 0 126 88.6 (31.9) Nil 1.4 Nil
18. Tripura 48 24 72 6.5 (17.8) 11.6 (31.8) 7.4 2.1
19. Uttarakhand 34 2 36 18.9 (18.8) 2.9 (2.9) 1.8 0.7
20. Sikkim 6 17 23 0.28 (4.6) 2.0 (33.8) 21.4 8.5
21. Goa 11 9 20 0.25 (1.7) 1.4 (10.2) 44.0 6.4
22. Nagaland 0 18 18 Nil 17.1(86.5) Nil 1.1
23. Assam 8 0 8 22.3 (7.2) 38.8 (12.4) 0.4 Nil
24. Manipur 1 2 3 0.97 (3.8) 9.0 (35.1) 1.0 0.2
25. Arunachal Pradesh 0 1 1 Nil 9.5 (68.8) Nil 0.1
26. Meghalaya 0 0 0 0.17 (0.6) 25.5 (86.1) Nil Nil
27. Mizoram 0 0 0 0.1 (0.1) 10.3 (94.4) Nil Nil28. Jammu & Kashmir PoA Act, 1989 does not 9.2 (7.4) 14.9 (11.9) Nil Nil
extend in the State
Union Territories
29. Delhi 52 0 52 28.1 (16.8) Nil 1.9 Nil
30. Dadra & Nagar 0 7 7 0.06 (1.8) 1.7 (52.0) 4.1 Nil
Haveli
31. Puducherry 6 0 6 1.9 (15.7) Nil 3.2 Nil
32. Chandigarh 4 0 4 1.9 (18.9) Nil 2.1 Nil
33. Daman & Diu 1 1 2 0.06 (2.5) 0.15 (6.3) 16.7 6.7
34. Andaman & Nicobar 0 1 1 Nil 0.28 (7.5) Nil 3.6
Islands
35. Lakshadweep 0 0 0 Nil 0.61 (94.8) Nil Nil
Total 39346 6768 46114 - - - -
Atrocities against members of Scheduled Castes
The following table shows the ten States, cumulatively accounting for 92.3 %
(36321) of the total cases (39346) relating to SCs, registered under the PoA Act in
conjunction with the IPC, during the year 2013:
S.No. State Cases registered under the PoA Act in
2013
1. Uttar Pradesh 7078
2. Bihar 6721
3. Rajasthan 6475
4. Andhra Pradesh 3264
5. Madhya Pradesh 2945
6. Odisha 2592
7. Karnataka 2555
8 Tamil Nadu 1844
9. Maharashtra 1657
10. Gujarat 1190
Total 36321
Atrocities against members of Scheduled Tribes
The following table shows the ten States, cumulatively accounting for 94.9%
(6423) of the total cases (6768) relating to STs registered under the PoA Act in
conjunction with the IPC, during the year 2013:
S.No. State Cases registered under the
PoA Act in 2013
1. Rajasthan 1651
2. Madhya Pradesh 1296
3. Odisha 7904. Andhra Pradesh 672
5. Karnataka 521
6. Maharashtra 407
7. Jharkhand 396
8. Chhattisgarh 331
9. Gujarat 224
10. Kerala 135
Total 6423
3.4 State-wise Progress of Investigation of cases by the Police in
2013
Progress of investigation of cases by the police under the PoA Act in
conjunction with the IPC, during the year 2013 is given in Table 3.2.
TABLE – 3.2
Investigation done by Police during 2013 of cases registered under the PoA Act
in conjunction with the IPC.
S. Item Number of Cases
No. Number Percentage to total
SC ST SC ST
1. Total number of cases, including 51,154 8,738 - -
brought forward cases.
2. Number of cases in which chargesheet 26,226 4,721 51.3 54.0
filed in courts
3. Number of cases closed after 10,793 1,705 21.1 19.5
investigation
4. Number of cases pending with the police 14,135 2,312 27.6 26.5
at the end of the year.
From the above, it is seen that 51.3% of the cases relating to Scheduled Castes
were chargesheeted in courts during the year and 21.1% cases were closed after
investigation. Likewise 54% of the cases related to Scheduled Tribes were
chargesheeted during the year and 19.5% cases were closed after investigation.
The State/UT wise registration of cases under PoA Act in conjunction with the
IPC and the action taken by the Police, is given at Annexure –II(A) & (B).
3.5 State-wise Progress of Disposal of cases by Courts in 2013
The details in regard to disposal of cases by Courts under the PoA Act in
conjunction with the IPC, during 2013, are given in table 3.3.TABLE-3.3
Disposal of cases by Courts during 2013 under the PoA Act in conjunction with
the IPC.
S. Item Number of Cases
No. Number Percentage to
total
SC ST SC ST
1. Total number of cases, including 1,17,861 21,437 - -
brought forward cases.
2. Number of cases disposed of by Courts 18,100 3,246 15.4 15.1
(a) Number of cases ending in conviction 4,325 534 23.9 16.5
(b) Number of cases ending in acquittal 13,775 2,712 76.1 83.5
3. Number of cases compounded or 642 92 0.5 0.5
withdrawn
4. Number of cases pending with Courts 99,119 18,099 84.1 84.4
From the above table, it is seen that 15.4% of the total cases relating to
Scheduled Castes were disposed of by courts during the year out of which 23.9%
ended in conviction. Likewise 15.1% of the total cases relating to Scheduled Tribes
were disposed of by courts during the year out of which 16.5% ended in conviction.
The State/UT wise as well as Scheduled Castes and Scheduled Tribes wise details are
given at Annexure – III (A) and (B).
***CHAPTER
4
MEASURES TAKEN BY THE GOVERNMENT OF INDIA
4.1 MINISTRY OF SOCIAL JUSTICE & EMPOWERMENT
4.1.1CENTRALLY SPONSORED SCHEME FOR IMPLEMENTATION OF
THE PROTECTION OF CIVIL RIGHTS (PCR) ACT, 1955 AND THE
SCHEDULED CASTES AND THE SCHEDULED TRIBES
(PREVENTION OF ATROCITIES) {PoA} ACT, 1989
The PoA Act is implemented by the respective State Governments and Union
Territory Administrations. With a view to ensure its effective implementation by
them, Central assistance is provided to them under the Centrally Sponsored Scheme
for implementation of the PCR and the PoA Act, mainly for following purposes:-
(i) Functioning and strengthening of the Scheduled Castes and Scheduled
Tribes Protection Cell and Special Police Stations.
(ii) Setting up and functioning of exclusive Special Courts.
(iii) Relief and Rehabilitation of atrocity victims.
(iv) Incentive for Inter-Caste Marriages, where one of the spouses is a member
of Scheduled Caste.
(v) Awareness generation.
The funding pattern of the Scheme is such that, over and above the committed
liability of respective State Governments, the expenditure is shared between Centre
and States on 50:50 basis, and the UT Administartion receive 100% Central
assistance. A total of Rs. 127.65 crore was given to 16 States and 4 UTs during 2013-
14. State/UT wise details of which are given at Annexure-IV.
The Budget Estimate (BE), Revised Estimate (RE) and Expenditure under the
Scheme during 2013-2014 were as under:-
Item Amount (Rs. In crores)
1. BE 90.0
2. RE 130.0
3. Expenditure 127.64.1.2 COMMITTEE CONSTITUTED FOR EFFECTIVE COORDINATION
TO DEVISE WAYS AND MEANS TO CURB OFFENCES OF
UNTOUCHABILITY AND ATROCITIES AGAINST MEMBERS OF
SCs and STs AND EFFECTIVE IMPLEMENTATION OF THE PCR &
PoA ACTs
The Parliamentary Committee on the Welfare of Scheduled Castes and
Scheduled Tribes in its fourth report had, inter-alia, recommended that Ministry of
Social Justice and Empowerment, Ministry of Home Affairs, National Commission for
Scheduled Castes and National Commission for Scheduled Tribes should meet
regularly to devise ways and means to curb offences and ensure effective
administration of the Scheduled Castes and the Scheduled Tribes (Prevention of
Atrocities) Act, 1989. In pursuance of this recommendation, a Committee for effective
coordination to devise ways and means to curb offences of untouchability and
atrocities against Scheduled Castes/Scheduled Tribes and effective implementation of
the PCR Act and the PoA Act, under the Chairpersonship of Hon’ble Minister for Social
Justice and Empowerment, was set up in 2006. The present composition of the
Committee is as under: -
1 Minister for Social Justice and Empowerment Chairperson
2 Minister of Tribal Affairs Co-Chairperson
3 Minister for State for Social Justice and Empowerment Special Invitee
4. Minister for State for Tribal affairs Special Invitee
5. Secretary, Ministry of Social Justice and Empowerment Member
6. Secretary, Ministry of Home Affairs Member
7. Secretary, Department of Justice, Ministry of Law and Justice Member
8. Secretary, Ministry of Tribal Affairs Member
9. Secretary, National Commission for Scheduled Castes Member
10. Secretary, National Commission for Scheduled Tribes Member
11. Joint Secretary, Ministry of Home Affairs (In charge of National Member
Crime Records Bureau)
12. Two non-official representatives from amongst Scheduled Member
Castes
13. One non-official representative from amongst Scheduled Tribes Member
14. Joint Secretary (SCD), Ministry of Social Justice and Member-Secretary
Empowerment
A copy of each of Office Memorandum No. 111012/1/2005-PCR (DESK), dated
29.03.2006 and 11.4.2011 are at Annexure- V and VI.
Up to the end of 2013, the Committee has held twenty meetingsin 24 States
and 4 UTs.4.1.3 CONFERENCE OF STATE MINISTERS OF WELFARE AND SOCIAL JUSTICE
OF STATES /UTS
Implementation of the PCR Act, 1955 and the PoA Act, 1989 was inter-alia
reviewed in the Regional Conference of Principal Secretaries/Secretaries of Social
Welfare and Social Justice of all State Governments and Union Territory
Administrations, held on 28.05.2013 (Northern Region), 30.05.2013 (Sourthen
Region), 03.06.2013 (Western Region), 05.06.2013 (Eastern Region) and 07.06.2013
(North-East Region) in New Delhi.
4.1.4 AMENDMENTS IN THE SCHEDULED CASTES AND THE SCHEDULED TRIBES
(PREVENTION OF ATROCITES)ACT,1989
Despite the deterrent provisions made in the PoA Act, continuing atrocities
against the members of SCs and STs have been a cause of concern. High incidence of
occurrences of offences against members of SCs and STs also indicates that the
deterrent effect of the PoA Act is not adequately felt by the accused. It was, therefore,
considered appropriate to strengthen the Act and make the relevant provisions of the
Act more effective
Based on the consultation process with all the stakeholders, various
amendments in the PoA Act were proposed to cover broadly the following five areas:-
I. Amendments to Chapter II (Offences of Atrocities) to include new definitions,
to re -phrase existing sections and expand the scope of presumptions
II. Institutional Strengthening
III. Appeals
IV. Establishing Rights of Victims and Witnesses
V. Strengthening preventive measures
The objective of proposed amendments in the PoA Act is to deliver members of
SCs and STs, greater justice as well as be an enhanced deterrent to the offenders.
The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities)
Amendment Bill, 2013, containing the aforesaid amendments in the PoA Act was
introduced in the Lok Sabha during the Winter Session of Parliament, 2013, on
12.12.2013. The said Bill, however, did not get listed in the Business of the Lok
Sabha during the winter session of Parliament, 2013, and, thus, was not taken up
by the House for consideration and passing.4.2 MINISTRY OF HOME AFFAIRS
The Ministry of Home Affairs has been advising the States/UTs, from time to
time regarding steps that need to be taken to afford a greater measure of protection
to SCs and STs. These advisories, inter-alia, include sensitization and training of the
police personnel/ law enforcement agencies, minimizing delays in investigation of
cases of atrocities against SCs/STs and improving the quality of investigation,
recruitment of sufficient number of persons belonging to SCs/STs as police
personnel, programmes for creating awareness among vulnerable sections of the
society and legal recourse open to them, adopting appropriate measures for swift
and strict punishment to public servants found guilty of neglect of duty and violence
against SCs/STs, setting up of special courts and improving the effectiveness of
schemes developed for the welfare and rehabilitation of SCs/STs, who are victims of
crime. Through the advisories, the State Governments were also requested to
undertake a comprehensive review of the effectiveness of the machinery in tackling
the issues of SCs/STs and to take appropriate measures aimed at increasing the
responsiveness of the law enforcement/ law and order machinery. Ministry of Home
Affairs vide their letter no. 15011/39/2011-SC/ST-W, dated 25.04.2011 conveyed to
States that engaging or employing a member of a Scheduled Caste or a Scheduled
Tribe to clean, handle or carrying human excreta amounts to violating his or her
dignity and therefore, may fall within the ambit of Clause (iii) of Sub Section (1) of
Section 3 of the Act. Therefore, such cases of manual scavenging may be pursued
under appropriate Sections of the Scheduled Castes and Scheduled Tribes
(Prevention of Atrocities) Act, 1989.
4.3. MINISTRY OF INFORMATION AND BROADCASTING
The Ministry of Information & Broadcasting through its units has been
propagating the objective of removal of untouchability and caste-based prejudices in
the society. The work done by various Units of the Ministry is indicated as under: -
4.3.1 ALL INDIA RADIO (AIR)
All India Radio (AIR) Stations have been broadcasting programmes on issues
concerning 'Eradication of Untouchability'.4.3.2 SONG & DRAMA DIVISION
The Song & Drama Division presented IEC programmes throughout the
country on the theme of removal of untouchability by way of folk and traditional art
forms such as drama, ballets, operas, dance, drama, folk and traditional recitals,
puppetry etc.
4.3.3 PRESS INFORMATION BUREAU
The Press Information Bureau (PIB) has issued press release on the subject of
'Untouchability in India & 'Eradication of Untouchability'.
***CHAPTER
5
MEASURES TAKEN BY STATE GOVERNMENTS AND
UNION TERRITORY ADMINISTRATIONS
5.1 ANDHRA PRADESH
5.1.1 COMMITTEES
STATE LEVEL VIGILANCE AND MONITORING COMMITTEE
State Level Vigilance & Monitoring Committee functions under the
Chairpersonship of the Chief Minister, to review the implementation of the PoA Act.
During the year, the Committee held a meeting on 11-02-2013.
DISTRICT LEVEL VIGILANCE AND MONITORING COMMITTEE
District Level Vigilance & Monitoring Committees are functioning in all
Districts under the Chairpersonship of the District Collectors. During the year 2013,
55 meetings were held in all 23 districts of the State.
5.1.2 STATE LEVEL SC AND ST PROTECTION CELL
A SC & ST Protection Cell at State Level is headed by an Inspector General of
Police (CID) and functions under the control and supervision of Additional Director
General of Police (CID), assisted by DSPs and other supporting staff. Survey is
conducted throughtout the State through Jurisdictional Commissioners of Police/
Superintendents of Police and their staff. Whenever serious atrocity cases are
reported, senior officers make spot inspections. The PCR Cell also enquires into the
willful negligence by public servants. No such instance has come to notice during the
period under review. Monthly reviews are also conducted by Superintendents of
Police, Deputy Inspector General of Police of the range. Quaterly reviews are also
conducted by Commissioners of Police and Regional Inspector Genral of Police. The
DGP reviews the cases in Video Conference. Commissioner of Social Welfare also
reviews cases of atrocities.5.1.3 APPOINTMENT OF OFFICER
A. NODAL OFFICER
The Commissioner of Social Welfare has been designated as the Nodal officer
under Rule 9 of the PoA Rules, for coordinating the functioning of District
Magistrates, Superintendents of Police.
B. SPECIAL OFFICER
The Joint Collector of the tweleve atrocity prone districts have been appointed
as Specoial Officers.
5.1.4 IDENTIFICATION OF ATROCITY PRONE AREAS
The details of identified atrocity prone areas are as under: -
S.No. Identified District
1. Karimnagar District
2. Kadapa District
3. Warangal Urban
4 Warangal Urban
5 Nizamabad District
6. Srikakulam District
7. Ranga Reddy District
8. Kurnool District
9. Mahabubnagar District
10 Rajahmundry(U)
11 Tirupati Urban
12 Medak
13 East Godavari(Kakinada)
14 Guntur Rural
15 Nellor Dist.
16 Cyberabad
17 Anantsapur
5.1.5 SPECIAL COURTS
The Government of Andhra Pradesh has specified Session Courts in all
Districts as Special Courts. Besides, 24 Exclusive Special Courts in the districts of
Chittoor, Secunderabad, Guntur, Nellore, Mahabubnagar, Prakasham at Ongole,Kurnool, Medak at Sanga Reddy, Cuddapah, Karim Nagar, Krishna, Nizamabad, East
Godavari, Ananthapur, Khammam, Warangal, Nalgonda, Srikakulam, Vizianagaram,
Visakhapatanam, West Godavari, Ranga Reddy, Adilabad and Laxmipeta village of
Srikakulam District.
5.1.6 PUBLICITY
All the DSPs of PCR Cells, CID are sensitized in the in-House Training
Progrmmes. Handbook of “Government Orders, Memo’s and Circulars” on PCR and
PoA Acts are also provided to Police officers for ready reference and guidelines. All
the SDPOs in the State are issued booklets on Guidelines to the investigating officers
in the investigation of cases under PoA Act. Boards are displayed on the provisons of
PoA Act in Police and Mandal revenue Offieces.
5.1.7 TRAVELLING AND MAINTENANCE EXPENSES TO WITNESSES AND VICTIMS OF
ATROCITIES
Travelling and maintenance expenses are provided to the victims, their
dependents and witnesses in accordance with the PoA Rules. During the year 2013,
408 persons were provided with travelling and maintenance expenses.
5.1.8 RELIEF AND REHABILITATION
The State Government provides for relief and rehabilitation to the victims of
offences of atrocities in accordance with Rule 12 (4) of the PoA Rules. During the
year 2013, 1646 persons were provided relief to victims of atrocities in all 23
districts.
5.1.9 LEGAL AID
Free legal Aid is given to deserving families belonging to Scheduled Castes and
the Scheduled Tribes through Sub-Divisional Level Legal Aid Committee with the
Deputy Commissioner of the District as Chairman. There is no income limit fixed for
eligibility to provide legal aid to the victims of atrocities. During the year 2013, 11
persons were provided with free legal aid.5.2 ARUNACHAL PRADESH
Arunachal Pradesh is a predominantly a Tribal State and all resources of the
State are geared for protection and promotion of the tribes. However, the State Level
Vigilance and Monitoring Committee has been constituted and the Deputy
Commissioners of every District of the State have been empowered to constitute the
District Level Vigilance and Monitoring Committee as per provision enshrined in the
Act.5.3 ASSAM
5.3.1 COMMITTEES
STATE LEVEL VIGILANCE AND MONITORING COMMITTEE
State Level Vigilance & Monitoring Committee was reconstituted under the
Chairpersonship of the Chief Minister to review implementation of the PoA Act.
5.3.2 STATE LEVEL SC AND ST PROTECTION CELL
A SC & ST Protection Cell at State level functions under the supervision of
Director General of Police. The Cell consists of ADGP (CID), Inspector General of
Police, Deputy Inspector General of Police (Range) and all Superintendent of Police.
5.3.3 APPOINTMENT OF OFFICERS
NODAL OFFICER
The Director, Welfare of Scheduled Castes, Assam is the Nodal Officer.
5.3.4 IDENTIFICATION OF ATROCITY PRONE AREAS
There was no instance of atrocity, and no area has been specified as an atrocity
prone in the State.
5.3.5 SPECIAL COURTS
18 Special Courts have been set up, which covers 22 districts out of total 27
districts. Special Courts are yet to be set up in remaining 5 districts.
5.3.6 SPECIAL PUBLIC PROSECUTOR
Special Public Prosecutors have been appointed to conduct trial of the cases
under the PoA Act.
5.3.7 PUBLICITY
For creating awareness amongst public, hoardings have been displayed.5.4. BIHAR
5.4.1 COMMITTEES
STATE LEVEL VIGILANCE AND MONITORING COMMITTEE
State Level Vigilance & Monitoring Committee was reconstituted under the
Chairpersonship of the Chief Minister to review implementation of the Act. During
the year, two meetings of the Committee were held on 26-04-2013 and 22-08-2013.
DISTRICT LEVEL VIGILANCE AND MONITORING COMMITTEE
District Level Vigilance & Monitoring Committee function under the
Chairpersonship of District Collector. During the year, 114 meetings were held in 38
districts of the State.
5.4.2 STATE LEVEL SC AND ST PROTECTION CELL
At State Level, a Scheduled Castes and Scheduled Tribes Cell has been
functioning under the charge of Inspector General of Police, (Weaker Section).
5.4.3 APPOINTMENT OF OFFICERS
A. NODAL OFFICER
The Secretary, Home Department, is the Nodal Officer, who from time to time
convenes the meetings to review implementation of the PoA Act.
B. SPECIAL OFFICER FOR DISTRICTS HAVING ATROCITY PRONE AREAS
The Additional District Magistrate, in each district, has been designated as a
Special Officer to co-ordinate the functioning with the District Magistrate/
Superintendent of Police or other officers responsible for the implementation of the
provisions of the PoA Act and the Rules notified there under.5.4.4 SPECIAL POLICE STATIONS
Special Police Stations are functioning in 38 districts in the State, namely
Patna, Nalanda, Rohtas, Bhabhua, Bhojpur, Buxer, Gaya, Jehanabad, Arwal, Nawada,
Aurangabad, Saran, Siwan, Gopalganj, Muzaffarpur, Sitamarhi, Sheohar, West
Champaran, East Champaran, Vaishali, Darbhanga, Madhubani, Samastipur, Saharsa,
Supal, Madhepura, Purnia, Araria, Kisanganj, Katihar, Bhagalpur, Banka, Munger,
Lakhisarai, Sheikhpura, Jamui, Khagaria and Begusarai.
5.4.5 IDENTIFICATION OF ATROCITY PRONE AREAS
In the State, 33 districts have been identified as sensitive from the point of
view of atrocities against members of Scheduled Castes and Scheduled Tribes. These
districts are Patna, Nalanda, Rohtas, Bhabhua, Bhojpur, Buxer, Gaya, Jehanabad,
Nawada, Aurangabad, Saran, Siwan, Gopalganj, Muzaffarpur, Sitamarhi, West
Champaran (Betia), East Champaran (Motihari), Vaishali, Darbhanga, Madhubani,
Samastipur, Saharsa, Madhepura, Purnia, Bhagalpur, Banka, Munger, Sheikhpura and
Begusarai, Khagaria, Katihar, Jamui and Araria.
5.4.6 SPECIAL COURTS
The Court of Additional Session Judge has been specified as a Special Court
under the PoA Act in each district. In addition, Exclusive Special Courts also function
at 11 Divisional places and at Patna, Gaya, Bhagalpur, Munger, Muzaffarpur, Chapra
(Saran), Darbhanga, Saharsa (Kosi), Purnia, Bhojpur and East Champaran (Motihari)
Districts.
5.4.7 PUBLICITY
For creating awareness amongst public, copies of the PoA Act, & the PoA Rules
were distributed at Panchayat, District and State level.
5.4.8 SENSITISATION OF OFFICERS
During the year, 38 District Welfare Officers, 40 District Magistrates, 40
Superintendents of Police and 810 officer-in-charge of Thanas were sensitized.5.4.9. SPECIAL PUBLIC PROSECUTORS
The Special Public Prosecutors take up cases of offences of atrocities in Special
Courts.
5.4.10 RELIEF TO ATROCITY VICTIMS
During the year, 866 atrocity victims were provided relief
5.4.11 CONTIGENCY PLAN
The State Government has prepared a contingency plan in accordance with the
relevant provisions of the PoA Rules, 1995.5.5. CHHATTISGARH
5.5.1 COMMITTEES
STATE LEVEL VIGILANCE AND MONITORING COMMITTEE
The State Level Vigilance & Monitoring Committee is headed by the Chief
Minister, to review the implementation of the PoA Act.
DISTRICT LEVEL VIGILANCE AND MONITORING COMMITTEE
The District Level Vigilance & Monitoring Committees are headed by the
District Collectors. During the year, 86 meetings were held in 27 districts.
5.5.2 STATE LEVEL SC AND ST PROTECTION CELL
At State Level, a Scheduled Castes and Scheduled Tribes Protection Cell, in the
Police Headquarters have been functioning under the charge of Inspector General of
Police with supporting staff.
5.5.3 SPECIAL POLICE STATIONS
Special Police Stations are functioning in 13 districts namely Raipur, Durg,
Rajnandgaon, Kabirdham, Mahasumud, Bilaspur, Koraba, Raigarh, Janjgir, Surguja,
Surajpur, Jagadalpur and Dantewada.
5.5.4 SPECIAL OFFICER FOR DISTRICT HAVING ATROCITY PRONE AREAS
Although there is no atrocity prone area identified in the State, even then for
taking precautioneary measures, Collector/Superintendent of Police/Deputy
Superintendent of Police/ Asstt. Commissioner, Tribal Development have been
appointed as a Special Officer as per Rule 10 of the PoA Rules and for implementing
the provisions of the PoA Act in the districts of Durg, Dhamtari, Bilaspur, Janjgir,
Korbha, Jashpur, Kaker, Dathewada and Baloudabazar.5.5.5 IDENTIFICATION OF ATROCITY PRONE AREAS
No area has been identified as an atrocity prone area.
5.5.6 SPECIAL COURTS
Six Exclusive Special Courts are functioning in the districts of Raipur, Durg,
Rajnandgoan, Bilaspur, Surguja and Jagdalpur, for trial of cases of offences of
atrocities under the PoA Act.
5.5.7 PUBLICITY
Three Publicity/awarness programmes were conducted in the districts of
Koriya. The officers were also sensitized.
5.5.8 ACTION TAKEN TO RECOGNISE/REWARD PERSONS
In recognition of exemplary work done in the field of prevention of atrocities
and removal of untouchability, five persons were also given Shield and cash award of
Rs.15,000/- and one person was awarded cash award of Rs.2,000/- along with an
appreciation certificate and Shield.
5.5.9 LEGAL AID
Legal aid is provided to members of Scheduled Castes and Scheduled Tribes in
rural areas in the cases which relate to disputes of land, offence of atrocities and
where trial is pending in the Session Courts. During the year 2013, 2026 such persons
were provided legal aid in 13 districts.
5.5.10. TRAVELLING AND MAINTENANCE EXPENSES TO WITNESSES AND
VICTIMS OF ATROCITIES
The State Government provides travelling and maintenance expenses to the
witnesses and victims of atrocity during the investigation before the inquiry officer
and to attend the trial in the court. During the year 2013, 246 persons were provided
travelling and maintenance expenses in Rajnand village, Kabirdham, Dhathiwada,
Bilaspur, Dhamtari and Koriya districts.5.5.11 RELIEF AND REHABILITATION
During the year, 243 atrocity victims were provided relief and rehabilitation in
16 districts.
5.4.12 REVIEW OF PERFORMANCE OF PUBLIC PROSECUTORS
During the year, eight Special Public Prosecutor were charged for not pleading
the PoA Act related cases effectively.
5.4.13 APPEALS FILED IN SUPERIOR COURTS IN CASES WHICH ENDED IN
ACQUITTAL
During the year, 175 cases ended in acquittal and appeals were filed in 10
cases in superior courts against acquittals.5.6 GOA
5.6.1 COMMITTEE
STATE LEVEL VIGILANCE AND MONITORING COMMITTEE
A High Power Vigilance and Monitoring Committee under the Chairpersonship
of Chief Minister reviews implementation of the PoA Act.
DISTRICT LEVEL VIGILANCE AND MONITORING COMMITTEE
The District level Vigilance and Monitoring Committee is functioning under the
Chairpersonship of the District Magistrate, North Goa and South Goa to review cases
of atrocities under the PoA Act.
5.6.2 SPECIAL COURTS
The State Government has designated District & Session Courts at Panaji and
Margoa (North & South Goa) as Special Court for the speedy trial of cases under the
PoA Act.
5.6.3 MODEL CONTINGENCY PLAN
The State Government has prepared a Model Contigency Plan under the PoA
Rules, for providing relief and rehabilitation to atrocity victims.
5.6.4 PUBLICITY/AWARNESS
All the subordinate staff was sensitized about proper enforcement of the
provisions of the PoA Act. Meetings of senior citizens, members of weaker section
and the police were also held periodically at Sub-Divisional level wherein grievances
were heard and resolved.
5.6.5 LEGAL AID
The State Government has formulated a scheme to provide Free Legal Aid to
members of Scheduled Castes and Scheduled Tribes without any economic criteria.5.6.6 RELIEF TO ATROCITY VICTIMS
The State Government has made provision for providing relief and
rehabilitation to the victims of offences of atrocities among the members of SCs and
STs under the PoA Rules.5.7 GUJARATGUJARAT
5.7.1 COMMITTEES
A. HIGH LEVEL COMMITTEE
A High Level Committee under the Chairpersonship of the Chief Minister
reviews implementation of the PoA Act. The Ministers of Finance, Revenue, Social
Justice and Empowerment, Members of Parliament, State Legislature and Senior
Government Officers are members of the Committee. The Committee’s meeting was
held on 23-09-2013.
B. STATE LEVEL COMMITTEE
A State Level Committee under the Chairpersonship of the Principal Secretary-
in-charge of Social Justice & Empowerment Department reviews the reports of the
Vigilance Officers of the three Vigilance Squads. The Committee consists of Home
Secretary, Law Secretary and Special Inspector General of Police etc. During the year
2013, three meetings of the State level Committee were held on 15-7-2013, 22-08-
2013 and 15-11-2013 respectively.
C. DISTRICT LEVEL VIGILANCE & MONITORING COMMITTEE
At district level, a District Vigilance and Monitoring Committee under the
Chairpersonship of District Collector reviews implementation of the PoA Act. The
Committee consists of District Panchayat President, Chairperson of District Social
Justice Committee, District Development Officer, District Superintendent of Police,
Government Public Prosecutor, Members of Parliament and Members of Legislative
Assembly and prominent Social Workers of respective Districts. These Committees
meet regularly every quarter. In the year 2013, 120 meetings of the Committees were
held.
D. TALUKA LEVEL COMMITTEE
Taluka Level Committees have been set up in every Taluka under the
Chairpersonship of Taluka Mamlatdar. The Public Prosecutor, Police Inspector and
Sub Inspector of the Taluka are members of the Committee. During the year, the
Committee held 813 meetings.E. CITY LEVEL COMMITTEE
Under the Chairpersonship of the Police Commissioner, City Level Committees
have also been set up. Government Public Prosecutor, Municipal Commissioner and
Scheduled Caste/ Scheduled Tribe members of Municipal Corporation are members
of these Committees. These Committees review the cases under the PoA Act. The
Committee held 24 meetings.
5.7.2 STATE LEVEL SC AND ST PROTECTION CELL
At the Secretariat level, the Principal Secretary looks after the implementation
of the Act, while at the Directorate level, the Director looks after the work. A Special
Cell called ‘Nagrik Cell’ is functioning in the Directorate and Dy. Director looks after
the Cell. Three Regional Vigilance Officers are also working at Vadodara, Ahmedabad
and Rajkot to look after incidents of atrocities within their jurisdiction. Besides, in the
office of the D.G. & IG of Police, a Cell is working under the charge of Addl. Director
General of Police to monitor the crimes against SC and ST. This Cell is working under
overall supervision of Director General and Inspector of Police with supporting staff.
5.7.3 SPECIAL COURTS
Session Courts in all Districts have been specified as Special Courts. Besides,
26 Exclusive Special Courts in the districts of Banaskantha (Palanpur), Ahmedabad
(Rural), Kutch (Bhuj), Amreli, Vadodara, Junagadh, Panchmahal (Godhra), Rajkot,
Surat, Surendranagar, Navsari, Vasald, Dahod, Narmda, Sabarkantha (Himmatnagar),
Patan, Mehsana, Bhavnagar, Jamnagar, Kheda(Nadiyad), Gandhinagar, Porbandar,
Anand, Bharuch and Ahmedabad (City) and Tapi are also functioning to exclusively
deal with cases under the PoA Act.
5.7.4 SPECIAL PUBLIC PROSECUTOR
Additional Public Prosecutors of all the Sessions Courts in Gujarat have been
empowered to conduct cases under the Act in the Special Courts.5.7.5 APPOINTMENT OF OFFICERS
A. NODAL OFFICER AT STATE LEVEL
Secretary, Social Justice & Empowerment is the Nodal Officer in accordance
with Rule 9 of the PoA Rules.
B. SPECIAL OFFICERS
Vigilance Officers at Ahmedabad, Vaodara and Rajkot have been nominated as
Special Officers in accordance with Rule 10 of the PoA Rules, 1995 in the identified
atrocity prone areas.
5.7.6 IDENTIFICATION OF ATORCITIY PRONE AREAS
11 districts have been identified as sensitive from the point of occurrence of
offences of atrocities: -
1. Mehsana
2. Ahmedabad (Rural)
3. Junagadh
4. Banaskantha
5. Kheda
6. Rajkot (Rural)
7. Amreli
8. Kutch
9. Surendranagar
10. Vadodara (Rural)
11. Bharuch
5.7.7 PUBLICITY AND AWARENESS GENERATION
For wide publicity of the provisions of the PoA Act, printed booklets, both in
Gujarati and English, have been circulated among the authorities, village Panchayats,
Social Workers and Voluntary Organizations. During the year 2013, 8
publicity/awareness programmes were conducted. During the year, 4548 police
officials and 957 other officials were sensitized.5.7.8 EFFORTS FOR INVOLVING NON-GOVERNMENT ORGANIZATIONS
Non-Government organization voluntary agencies and the prominent leaders in the
filed are invited for active participation in the District Shibir, State level seminars and
workshops. Besides, the Government has set up Awareness Centres with help of Non-
Government Organiztions.
5.7.9 LEGAL AID
Under the Free Legal Aid Scheme, financial assistance of Rs. 500/- in civil cases
and Rs. 3,000/- in criminal cases is given, subject to the income limit of Rs. 12,000/-
per annum.
5.7.10 TRAVELING AND MAINTENANCE EXPENSES
The State Government reimburses the expenses incurred by victims and
witnesses for attending court proceedings in cases of atrocities, restricting it to bus
fare and also Rs.100/- per day as maintenance expenses.
5.7.11 ECONOMIC AND SOCIAL REHABILITATION
The State Government provides prescribed financial assistance to the atrocity
victims. During the calendar year 2013, relief amount of Rs. 366.98 lakhs was given to
1229 persons belonging to Scheduled Castes in 26 districts. In case of social boycott
and migration of Scheduled castes person from their village due to atrocities, a cash
dole of Rs. 15/- per day per person is paid for a period upto six months to each
member of family whether earning or non-earning, as well as of Rs. 10/- per cattle
per day provided for their cattle for the same period in cases of migration and boycott
due to atrocities.
5.7.12 CONTIGENCY PLAN
The State Government has formulated a Contingency Plan as required as per
Rule 15 of the PoA Rules.5.8 HARYANA
5.8.1 COMMITTEES
STATE LEVEL VIGILANCE AND MONITORING COMMITTEE
A State Level Vigilance and Monitoring Committee under the Chairpersonship
of the Chief Minister reviews implementation of the PoA Act. A meeting of the
Committee was held on 11-04-2013.
DISTRICT LEVEL VIGILANCE AND MONITORING COMMITTEE
At the District level, a District Level Vigliance Monitoring Committee functions
under the Chairpersonship of Deputy Commissioner, with the Superintendent of
Police, Members of Legislative Assembly and four other non-official members of
Scheduled Castes, as its members. During the year 2013, the Committees held 44
meetings in 21 districts.
5.8.2 STATE LEVEL SC AND ST PROTECTION CELL
A Special Cell has been created in every district to ensure speedy investigation
of cases of atrocities against members of Scheduled Castes. A Special Cell has also
been set up at Police Headquarters, Panchkula to deal with crimes against weaker
sections of the society. The Cell is functioning under the direct supervision of the
Director General of Police, Human Rights and Litigation, Haryana.
5.8.3 APPOINTMENT OF OFFICERS
NODAL OFFICER AT STATE LEVEL
The Principal Secretary, Public Health Department is the Nodal Officer in
accordance with Rule 9 of the PoA Rules.You can also read
